Delhi HC flags unpaid dues related to Chhattarpur Covid-19 centre

The high court directed the Delhi chief secretary to resolve the issue related to unpaid dues of a company that installed air conditioners at the 10,000-bed Sardar Patel Covid Care at Radha Swami Satsang Beas, Chhattarpur

The Delhi high court has directed the city government’s chief secretary to resolve the issue of unpaid dues of a company which had installed air conditioning at the 10,000-bed Sardar Patel Covid Care at Radha Swami Satsang Beas, Chhattarpur, while observing that the situation depicts a “sorry state of affairs”.

The petitioner-company had moved court in 2021 claiming that while the political parties took the credit for the facility, it was not given the relevant work order and papers to claim their dues and expenses incurred in the work. (HT Photo)

The court said that “prima facie, it appears that the city government was trying to avoid their responsibility for making payments towards the construction of the largest COVID care facility with 10,000 beds”.

According to Shri Balaji Exims, it had undertaken the work of air- conditioning, donning and doffing of the roof, water proofing of the roof, electricals to the entire system, infrastructure for the blood banks of the Sardar Patel COVID care facility, within 17 days on emergent basis in 2020.

The petitioner-company had moved court in 2021 claiming that while the political parties took the credit for the facility, it was not given the relevant work order and papers to claim their dues and expenses incurred in the work.

In its order of March 24, justice Gaurang Kanth noted that the Delhi government had categorically admitted to using the services of the petitioner in emergent situation for constructing one of the largest COVID care facility.

The judge said that based on the promises of the Delhi government, the petitioner incurred expenses and carried out the work of air-conditioning, donning and doffing of the roof, water proofing of the roof, electricals to the entire system, infrastructure for the blood banks at the India’ s largest COVID care facility.

“However, inspite of clear admission, Delhi government is not processing the petitioner’s case for issuance of work order and preparation of the necessary protocol driven paper work because the administrative approval and expenditure sanction from the competent authority is still not available, “ the court said.

The court noted that even after two years of successful completion of the work, the petitioner’s case for issuance of work orders “has not seen the light of the day and the city government is passing buck from one department to another”.

The court said that once it is admitted that the petitioner has undertaken the work, it cannot be left to bear the expenses incurred by them subject to the verification for creating the world- class COVID care centre.

“Inspite of having undertaken the work of providing the services....the city government have till date failed to even issue the work order to the petitioner for the work undertaken by it in construction of the so-called largest COVID care facility during such testing times, “ the court said.

While asserting that it has no other option left, the court directed the chief secretary, Delhi government to examine the matter in co-ordination with the various departments involved in the process, and to take appropriate decision keeping in mind the admissions made by them in their affidavits.

“This court directs the chief secretary, GNCTD to consider the fact that the petitioner has incurred expenses in providing the services of air- conditioning, donning and doffing of the roof, water proofing of the roof, electricals to the entire system, infrastructure for the blood banks for constructing the COVID care facility centre as per the spot quotation/tender dated June 27, 2020 issued to them by Delhi government. Chief secretary is directed to file an affidavit within three weeks clearly bringing out their stand in respect to the petitioner’s case, “ the court said.

The judge also noted that the construction of COVID care facility was applauded not only within the country but also all across the globe for the commitment which the contractor has shown towards the citizens of this city.

The Delhi government’s Public Works Department had told the court that in the absence of sanction of administrative approval & expenditure sanction, no work order has ever been issued by PWD, Delhi to execute the work.

It had said that therefore PWD is not in a position to process the invoices raised by the petitioner-company.